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27 May

Court Finds Not-for-Profit Unfairly Terminated Co-President’s Membership

Monday, May 27, 2024Clifford S. Goldfarb, Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA)

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When the Canada Not-for-Profit Corporations Act (“CNCA”) and Not-for-Profit Corporations Act, 2010 (Ontario) (“ONCA”) were...

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14 May

Steps in a Power of Sale

Tuesday, May 14, 2024Zev ZlotnickBusiness Law, Corporate LawMortgage, Power of Sale, Ontario Mortgages Act, Bankruptcy and Insolvency Act

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As a commercial mortgage lender you generally prefer the avoidance of enforcement. However, one must hope for the best and plan for the worst...

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18 Apr

Not-So-Cheap Thrills: The Bare Trust Reporting Rollercoaster

Thursday, April 18, 2024Ian SpiegelBusiness Law, Corporate LawTrusts, Tax & Estate Planning

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In our previous blogs, we discussed the expanded trust filing and reporting requirements for trusts with tax years ending on or after...

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15 Apr

Advice is (Not) Cheap: Tax Advisor Found Negligent for Overlooking GAAR Risks

Monday, April 15, 2024Ian SpiegelBusiness Law, Corporate LawTax & Estate Planning

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Tax advisors play a crucial role in navigating the complexities of the Income Tax Act (Canada) (the “ITA”) and its...

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28 Mar

Update: Bare Trusts No Longer Required To File T3 Returns For 2023

Thursday, March 28, 2024Ian SpiegelBusiness Law, Corporate LawCanada Revenue Agency (CRA), Trusts

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In our previous blog post, we discussed the Canada Revenue Agency’s (the “CRA”) expanded trust filing and reporting....

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13 Mar

Three Things Canadian Charities Need to Know Before Providing Humanitarian Aid

Wednesday, March 13, 2024Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesIncome Tax Act, Humanitarian Aid

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In the midst of many global crises, Canadian charities are often involved in providing humanitarian aid...

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27 Feb

Anti-Money Laundering (AML) - What does it mean and why is it important?

Tuesday, February 27, 2024Zev ZlotnickCorporate Law, Business LawReal Estate, Money Laundering, Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), Proceeds of Crime (Money Laundering) and Terrorist Financing Act

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Money laundering is the concealment of the origins of illegally obtained money and disguising them as financial assets, such...

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20 Feb

More or Less Mortgage Terms?

Tuesday, February 20, 2024Zev ZlotnickBusiness Law, Corporate Law, Real EstateMortgage, Commercial Mortgage

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Dye & Durham Standard Charge Terms 200033 are the standard charge terms that are included in...

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16 Feb

Trust Reporting Season is Here: Your Primer on the New Requirements for 2023

Friday, February 16, 2024Ian SpiegelCorporate Law, Business Law, Tax and Estate Planning, Tax LawTrusts, Income Tax Act

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On December 15, 2022, Bill C-32, the Fall Economic Statement Implementation Act, 2022, S.C. 2022, c. 19 (“Bill C-32”), received Royal Assent. Bill C-32 amended the...

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13 Feb

Criminal Rate of Interest

Tuesday, February 13, 2024Zev ZlotnickCorporate Law, Business Law, Real EstateInterest, Interest Rates

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Pursuant to Section 347 of the Criminal Code a criminal rate of interest is defined as an effective annual rate...

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9 Feb

Are Signing Bonuses Bad for Canada’s Sports Franchises?

Friday, February 9, 2024Ian SpiegelBusiness Law, Corporate LawSports Law, Tax & Estate Planning

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Toronto has a rich history in professional sports. The Maple Leafs is an Original Six franchise with the...

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9 Jan

Court Provides Guidance on Testamentary Gifts Made to Defunct Organizations

Tuesday, January 9, 2024Ian Spiegel, Lynne WesterhofBusiness Law, Corporate Law, Tax and Estate Planning, Non-Profit and Charities

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When an individual leaves a gift in their will to a charity that does not exist at the time of their death, the executor will often be...

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20 Dec

Choosing the Right Mortgage Enforcement Remedy in Ontario

Wednesday, December 20, 2023Zev ZlotnickBusiness Law, Corporate LawMortgage, Ontario Mortgages Act, Power of Sale

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In the realm of mortgage enforcement, lenders who are faced with a borrower’s default have an array of remedies at their...

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8 Dec

Bill 139 Receives Royal Assent: Fewer Non-Profit Filings, Easier Social Company Continuances

Friday, December 8, 2023Clifford S. Goldfarb, Heather Keachie, Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesBill 139, Social Clubs

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Ontario’s latest piece of red tape reduction legislation has received royal assent, with amendments intended to reduce...

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29 Nov

CRA Extends the Underused Housing Tax Deadline (Again) to April 30, 2024

Wednesday, November 29, 2023Ian SpiegelCorporate Law, Business Law, Tax and Estate Planning

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On October 31, 2023, the Canada Revenue Agency (“CRA”) announced that owners affected by the Underused Housing Tax...

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13 Nov

No T3s for Registered Charities’ Internal Trusts

Monday, November 13, 2023Ian Spiegel, Lynne WesterhofCorporate Law, Business Law, Tax and Estate PlanningNot-for-Profit/Charities

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After months of uncertainty for the charitable sector, the Canada Revenue Agency has confirmed that registered charities will not need to file a...

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2 Nov
18 Oct

How is your Environmental Indemnity?

Wednesday, October 18, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Environmental Protection Act, Ontario

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In Ontario, commercial mortgage lenders can be held liable for environmental issues under certain circumstances, especially if they have taken possession of the property or are deemed to be...

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17 Oct

Non-share capital corporations in Ontario have one year left to update key corporate documents

Tuesday, October 17, 2023Heather Keachie, Eliane Leal da Silva, Lynne WesterhofBusiness Law, Corporate Law, Non-Profit and CharitiesCorporate Law, Not-for-profit Corporations Act (ONCA)

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Non-share capital corporations in Ontario have just one year left to update their by-laws and other governing documents to be...

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12 Oct

CRA Extends the Underused Housing Tax Deadline to October 31, 2023

Thursday, October 12, 2023Ian SpiegelBusiness Law, Corporate LawTax & Estate Planning

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On January 1, 2022, the Underused Housing Tax Act (the “Act”) came into effect. The Act requires certain owners of...

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4 Oct

Enforcement Against Guarantors – But the Loan Terms Have Changed!

Wednesday, October 4, 2023Zev ZlotnickBusiness Law, Corporate LawLoans, Commercial Loan

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A guarantor takes on liability for the obligations of the borrower or debtor under a commercial loan. A lender can require a secured guarantee or an unsecured guarantee. If the guarantee is...

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6 Sep

Mitigating Cyber Risk in the Trucking Sector

Wednesday, September 6, 2023Jamal RehmanBusiness Law, Corporate LawTransportation & Logistics, Trucking, Ransomware, Cyber Attack, Cyber Risk, Cybersecurity

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As the transportation, logistics, and supply chain sectors increasingly shift towards the adoption of artificial intelligence, automation...

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6 Sep

Forced or Compulsory Labour Laws in Canada

Wednesday, September 6, 2023Rui FernandesBusiness Law, Corporate LawTransportation & Logistics, Bill S-211, Canada-United States of America – Mexico Agreement (“Cusma”) , Forced Labour and Child Labour in Supply Chains

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On May 11th, 2023 Bill S-211 An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the...

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6 Sep

Bill C-47 Increases Limits of Liability for Marine Accidents

Wednesday, September 6, 2023Rui FernandesCorporate Law, Business LawTransportation & Logistics, Bill C-47, Marine

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On June 22nd, 2023 Bill C-47 received Royal Assent. The legislation entitled “An Act to implement certain provisions of the budget tabled in...

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6 Sep

Changes to Termination Notice Period for Interprovincial and Cross-Border Trucking Companies as of February 1, 2024

Wednesday, September 6, 2023Saisha MahilCorporate Law, Business LawTransportation & Logistics, Trucking

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Federally regulated trucking companies should be aware of changes to the termination provisions under Part III of the Canada Labour...

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14 Aug

Deans Knight Income Corporation v. The King-Case Study

Monday, August 14, 2023Lorne SaltmanBusiness Law, Corporate LawTax & Estate Planning, General Anti-Avoidance Rule (GAAR)

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In the case of Deans Knight Income Corporation v. The King, the Supreme Court of Canada used the opportunity to...

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2 Aug

Commercial Lending Where There is a Limited Partnership

Wednesday, August 2, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Limited Partnership

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A limited partnership is a business structure comprised of at least one general partner and one limited partner. General partners are...

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31 May

What is an Enforceability Opinion and do I need one?

Wednesday, May 31, 2023Zev ZlotnickCorporate Law, Business LawReal Estate

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An enforceability opinion is an opinion that the transaction documents constituting legal, valid, and binding obligations of the underlying entities, enforceable against them in...

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26 Apr

I’m a Lender! How do I get my 3-month Interest Penalty on a Borrower Default?

Wednesday, April 26, 2023Zev ZlotnickBusiness LawReal Estate, Ontario Mortgages Act, Mortgage, Lending

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Under Section 17 of the Mortgages Act, R.S.O. 1990, despite any pre-existing mortgage agreement, where a borrower is in default for... 

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15 Mar

PPSA Registrations for a GSA vs for a Guarantee

Wednesday, March 15, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending, Loans

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Is there a difference between perfecting a general security agreement through a PPSA registration and registering a PPSA in respect of a loan...

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